SOW_FY26_Ntnwde Evid Strg_Transpt_Dispsl.docx

FDA OII/OCI Evidence Storage, Transportation, Management, and Disposal Services Statement of Work

Table of Contents

1. Description of Requirements/Statement of Work Introduction The FDA is responsible for regulating products to ensure the safety of foods, prescription and over-the-counter drugs, biological products such as vaccines and blood, medical devices, cosmetics, radiation-emitting products, and more. As FDA’s criminal law enforcement arm, FDA’s Office of Criminal Investigations (OCI) protects the American public by conducting criminal investigations of illegal activities involving FDA-regulated products, arresting those responsible, and bringing them before the Department of Justice for prosecution. Since 1993, OCI has investigated thousands of criminal schemes involving the distribution of potentially dangerous FDA-regulated products. Serious crimes investigated by OCI include but are not limited to counterfeit, misbranded, or unapproved human and animal drugs and prescription medical devices, tainted dietary supplements, foodborne illness outbreaks or contaminations, product tampering or substation, application and clinical trial fraud, fraudulent health treatments, counterfeit tobacco products, including electronic cigarettes, and internet pharmaceutical trafficking networks.

The purpose of this acquisition is to obtain contractor services to provide processing, transportation, storage, and disposal of property and evidence to the Food and Drug Administration’s (FDA’s) Office of Criminal Investigations (OCI).

Scope The scope of this contract includes nationwide services for the receipt, custody, transportation, storage, management, accountability reporting, and disposition of property in the possession of OCI to include pharmaceutical products, over the counter products, documentation, pharmaceutical production equipment, medical devices, tobacco products and food products as well as other property related to OCI investigations. The contractor shall furnish storage facilities with pallet/rack space capable of meeting the storage volumes and requirements listed in this SOW. Further, the contractor shall have the availability to provide transport and disposal services required on an as-needed basis in response to the OCI investigative workload.

The Contractor shall be prepared to perform the services in all 50 states and the District of Columbia, as well as all U.S. territories. The Government may, at its discretion, choose to manage and dispose of seized property in selected locations through mechanisms other than this Contract.

Definitions and Terms “AS IS, WHERE IS”: All items to be sold with no warranty or guarantee whatsoever. Items are to be purchased exactly as they appear at auction. They will be sold based on their appearance only. “As is” is a disclaimer of warranties or representations. “Where is” denotes that the buyer takes the item as found and must remove it from the point of sale.

CONTRACTING OFFICER (CO): A person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

CONTRACTING OFFICER’S REPRESENTATIVE (COR): A Government employee who provides technical direction to the contractor. The COR is designated in writing by the CO.

TECHNICAL DIRECTION ORDER (TDO): A form (See Attachment A) for sample) provided by the COR obligating specific services and tasks under the contract. A letter or email can also be used by the COR to notify the contractor of other non-payment related tasks.

TRANSPORTATION:

i. Small Box Truck: 20 feet and below

ii. Large Box Truck: 21 feet and above

iii. Tractor Trailer: The tractor & trailer are considered as one unit

iv. Each transportation trip shall fall into a Trip Type based on mileage. The transportation charge shall provide for all required services detailed in the SOW Section 1.4.2 to transport the evidence from the point of seizure to the storage facility. Transportation trip includes fuel cost and labor for packaging, loading, shipping, transportation, and unloading to the storage WAIT TIME; The period of time that labor and equipment are deployed and on standby waiting to provide services on an operation. (see SOW Section 1.4.2 Waiting Time Charges) LABOR: Personnel provided by the contractor to support the securing and managing of contract requirements to include of SOW section 1.4.1.

STORAGE: The square footage rates shall be for the property to be stored in the respective storage type (general- indoor, climate-controlled, or hazmat) to include facility, warehouseman labor, and administrative fees.

v. Custodial Levels

1. Administrative Custody: Consigned property in storage where items are locked within an enclosure which only authorized FDA personnel have the ability to enter and access as provided by the COR upon award

2. Full Custody: Consigned property in storage where items are stored on pallets, in boxes, or other containers where the Contractor and authorized FDA personnel has access over the items.

vi. Types of Storage

1. General Indoor Storage– This type of storage involves property in both full and administrative custody items that are stacked on pallets or in boxes within a fully enclosed structure with substantial/permanent walls, roof, and floor, which allows for movement of property. The inside of the facility needs to ensure that no standing water, mud, dirt, dust, debris, pests and/or infestations enters the storage area.

2. General Indoor Climate Control Storage– General indoor storage with a climate-controlled environment for the storage of items in full or administrative custody that are perishable or susceptible to degradation from exposure to heat, humidity, or cold.

3. Hazmat Storage– This type of storage applies to items in full or administrative custody that fall within the U.S. Department of Transportation’s (DOT) 9 classes of hazardous materials. These items must be properly placarded and displayed while in custody in accordance with DOT regulations.

DISPOSAL – Online Auction Contractor, Sealed Bid Sale, Destruction, Authorized Agency & Release Lien Holder, or Claimant Owner as required in Section 1.4.4.

Task Area Requirements The contractor shall provide all personnel, equipment, tools, materials, supervision, and services necessary to perform each of the task areas described in this SOW.

MANAGEMENT (Labor-hour) The Contractor shall provide the program management services necessary to manage, communicate, report, and steward all contract activities throughout the contract’s period of performance. Specifically, the contractor shall:

1. The COR or COR designee shall provide a Technical Direction Order (See Attachment A for TDO sample) to the Contractor when services are requested. Upon receipt, the Contractor shall acknowledge receipt within 1 business day. The Contractor shall review and provide the pricing for the requested services in accordance with contract pricing within the time specified on the TDO. For disposal requests, the Contractor shall provide up to 3 quotes in response to the TDO to include labor, firm fixed-prices and ODCs. The COR will review the TDO and the quotes as required and authorize the services. Upon COR approval of the TDO, the contractor shall execute the TDO.

2. In support of the management of the contract, the Contractor shall:

a. Identify and task subcontractors with any required services.

b. Communicate with COR or COR designee any updates or logistical changes required.

c. Maintain records of all Quality Control (QC) inspections (both scheduled and unscheduled), inspection results, dates, and details of corrective actions taken for the duration of the Contract. The Contractor shall, upon COR request, submit an electronic copy of the monthly QC inspections, along with a summary of defects observed and corrected, in a format approved by the COR.

d. Establish a process for validation and correction of Government requests and upon COR approval of the process the contractor shall execute the process. At a minimum, the request process shall contain procedures for the Government to file complaints with the Contractor, procedures for investigating the complaint, and procedures for providing feedback to the Government on the results and actions taken. The Contractor shall provide contact information for the COR in all responses to complaints.

e. Provide a report documenting any adverse incidents to the COR via electronic means, as incidents occur. This report shall include a description of the property, Appraised Value (APV), Fair Market Value (FMV), date of loss or damage, location of the incident, date and time of the incident, probable cause of the incident, names of any witnesses, the Contractor’s estimated value of the loss, a summary of the results of investigation, the amount collected from subcontractors or vendors found at fault, and costs incurred by the prime Contractor when the Government is liable.

f. Ensure that access logbooks are maintained at each facility operated under this Contract. These logs shall be available to the Government upon request. Logs shall be stored for a minimum of 36 months after disposal of property. All persons accessing seized and forfeited property shall be required to show identification, sign in (printed and signed), and state purpose of visit, time in and time out, date, sponsoring firm or agency, and case number on the access logbook.

g. Contractor shall ensure physical security for all storage locations meet the facility requirements in Section 1.5 Facility Constraints-Physical Security Requirements of the SOW.

h. Provide a Monthly Management Report – By the tenth business day of each month, the Contractor shall submit a monthly management report summarizing significant information and events from the previous month that impact the operation and price of the Contract. The summary shall include, but not be limited to, any significant information that impacts the Contractor’s performance of SOW requirements and/or contract costs and any property received which has storage costs of over $25,000 per month. The report shall also provide a detailed accounting of all property stored through TDOs to include the following: case number, begin date of storage, storage vendor name, address where property is stored, volume of property, description of property, storage type, rate per month, square feet, and the monthly cost of storage. The Contractor's Monthly Management Report shall be submitted to the COR.

i. The contractor shall provide a monthly Burn-Rate Tracking Report which contains the following fields; Contract Line Item, Ceiling, Funding, Expended, % Expended, Remaining Funds, Estimate to Complete, Estimate at Completion.

j. On a quarterly and annual basis, the Contractor shall provide a cumulative year-to-date Roll Up Report which includes the following:

i. Year-to-date storage to include case numbers, volume of property, property description, storage type and storage costs

ii. Year-to-date transportation to include case numbers, volume of property, property description and transportation costs

iii. Year-to-date disposal to include case numbers, volume of property, description of property, method of disposal and disposal costs INITIAL INTAKE/TRANSPORTATION (Fixed price)

a) Upon authorization of the TDO to provide custody and transportation services, the Contractor and the seizing agent shall coordinate pre-positioning requirements for the upcoming seizure. The Contractor shall be responsible for obtaining all information necessary to take custody of seized property within a period as provided by the COR.

b) The contractor shall have a call receiving/dispatch center that is available 24/7 for plain view (unplanned) seizures. The COR will verbally provide the TDO over the phone to the call/receiving/dispatch center. The contractor shall provide a response to the TDO within 90 minutes to include all pricing, pick up arrangements and locations details. The contractor shall ensure that all pickups happen within 12 hours of the COR approval of the TDO

c) For planned seizures, the Contractor as requested by the COR shall provide pre-seizure coordination and planning for general property to include the pre-positioning of resources (Contractor staff and equipment) prior to the actual seizure of the property. The Contractor shall pre-position resources at the time and location specified by the COR (e.g., the Contractor may be required to conduct staging approximately 1.5-2 hours away from the seizure location).

d) The contractor shall assume sole responsibility, as well as legal and financial liability for the property from pick-up location until disposal for Full Custody storage and until securely delivered and received for administrative storage.

e) Contractor shall use a property inventory management process for inventory control. This process shall include:

a. FDA case number

b. Location of the property

c. Description of the property (to include container number if applicable)

d. Storage start date

e. Type of storage

f. Assigned Square Footage

f) If the contractor discovers a potentially hazardous substance, (which was not already previously identified) during initial intake or during any time while in the contractor’s custody, the contractor shall contact the COR by close of business on day of discovery.

g) The contractor shall ensure all property is identified and labeled with the FDA/OCI case number.

h) COR, or COR designated representative will provide the Contractor with a properly completed and executed official agency chain of custody document for all property accepted into the custody of the Contractor. The Contractor shall verify the custody document for accuracy and completeness prior to acceptance of property. Any discrepancies in item counts on the chain of custody document shall be addressed and resolved with the COR or COR designated representative before loading the property on or into the Contractor’s transport vehicles/trailers.

a. Contractor shall document unresolved disagreements between the Contractor and the COR and process the disagreement as an Adverse Incident. The Contractor shall not, however, refuse custody of in-scope property covered by this Contract in the event of a disagreement.

b. Contractor shall not add anything or write on the chain of custody document except to add signature and quantity on the signature line; to annotate discrepancies; and to annotate that the Contractor accepts conditional or administrative custody as applicable pending inventory.

i) Contractor shall provide the COR or COR designated representative a signed copy of the official agency chain of custody form upon receipt of the property or via email within 3 days of receipt of property.

Transportation of Seized Evidence to Storage

a) The Contractor shall arrange for safe and secure transportation of the property from the point of acceptance to storage to ensure that the property is transported to its designated storage location without loss, damage, theft, or loss of value.

Basic Transportation Requirements

a) In most cases, the Contractor shall furnish the vehicles and containers required for transportation, to include box trucks, tractor trailers, trailers, tow vehicles, flatbed hauling vehicles or any other necessary form of transportation. In some instances, however, the property to be transported will already be in trailers, in which case the Contractor shall haul the filled trailer with a Contractor-furnished vehicle as provided in the TDO. The Contractor shall provide the appropriate specialized transportation for HAZMAT (including explosives, ammunition, and firearms) and items requiring climate-controlled storage as required in the TDO. The Government may provide escorts for transportation vehicles as it deems appropriate.

b) Contractor shall be required to provide equipment to ensure transportation to include hand trucks, forklifts, pallet jacks, as well as other necessary equipment.

c) Contractor shall be required to provide packing material to include pallets, shrink-wrap, boxes, and other necessary packing material.

d) Contractor shall be required to provide laborers in addition to drivers for transportation.

e) Prior to and during transportation, the Contractor shall perform repairs to containers and re-containerize property as necessary to facilitate the safe and secure movement of property.

f) The Contractor shall assume physical custody at the seizure location and be physically present throughout the transport. Alternate methods, however, may be defined in the TDO. For example, seized property may be accepted by the Contractor, and re-packaged appropriately for secured, trackable shipping via Federal Express to a Contractor storage facility if the COR has determined this procedure to be satisfactory in accordance with the agency’s security requirements.

g) During transport of property, the Contractor shall not leave the transport vehicle unattended at any time (i.e., without presence of Contractor or seizing agency personnel). This shall include stops for meals, sleeping, restroom breaks, and other breaks. The Contractor is responsible for ensuring the continuous movement of seized property to the storage location, to include accounting for restrictions based on Commercial Driver’s License (CDL) requirements.

h) Contractor shall ensure the property arrives at its storage location within three business days or as provided in the TDO. The Contractor shall not lengthen the delivery time without prior authorization from the COR.

Intermediate Stops

a) Contractor may be required to make statutory stops along the way. These stops include, but are not limited to, agricultural inspection station stops, secondary contraband inspection stops, and hazardous or corrosive material security stops due to highway regulations.

b) Under some circumstances, the Contractor may be directed to transport seized property to an intermediate site providing services to facilitate inspection. The Contractor shall perform these services under the direct observation of a representative from the seizing agency as provided by the COR.

Waiting Time Charges

a) Contractor shall provide FDA/OCI three (3) hours of waiting time at no additional charge, but every thirty minutes after that shall be invoiced at the fixed rate in the pricing schedule.

b) In cases where the Contractor must wait at an intermediate stopover for a Government inspection, or wait for the truck to be unloaded at the storage location, waiting time charges may apply under the following conditions:

c) “En route Stopover Wait Time” begins at check-in of the Contractor’s delivery truck driver with agents at inspection station and ends with release of vehicle for trip continuation. Wait time shall not be paid for time on-site if Contractor's vehicle or load is found to be in violation by state inspectors.

d) “Storage Location Wait Time” begins at the delivery truck's arrival at the storage location and continues until the truck has been emptied.

e) Wait time shall not be paid for time on-site after the vehicle has been emptied. Wait time charges shall not be paid for more than two drivers per truck and only where a second driver is approved by the COR due to the distance of the trip.

STORAGE (Fixed price)

a) The contractor shall provide evidence that it has complied with all laws and ordinances associated with property storage. Applicable permits shall be kept current throughout the term of the contract.

b) The contractor shall provide orderly and clean indoor and outdoor storage facilities, to include running water and a restroom, and shall be controlled in such a manner as to eliminate standing water, mud, weeds, debris, pests and/or infestations. It shall be the contractor’s responsibility to correct any issues at the facility.

c) If additional facilities are required as a result of a need by the contractor, they must provide in the estimate of the TDO and be approved in advance, in writing by the COR. If the contractor proposes a different facility during the contract term, the contractor assumes any costs for relocating currently stored property to the new facility.

d) Property shall be stored in a manner to preserve the integrity of the property. Contractor shall receive, inspect, inventory, shrink-wrap/band/containerize/palletize as appropriate, document as required, stage, and securely store seized evidence/property. The Contractor shall provide the appropriate specialized storage for HAZMAT and items requiring climate-controlled storage as required by the TDO.

e) Shall any issues arise regarding the condition of the property during the term of the contract, the COR shall be immediately notified. Contractor shall annotate and report damages and discrepancies as an Adverse Incident immediately upon discovery of a discrepancy. The Contractor shall hold damaged property pending resolution of discrepancy claims.

f) All property shall be identified and labeled with the FDA/OCI case number assigned by the seizing agency and with the current location within the storage facility. The Contractor shall identify and label palletized property from a single seizure with one identification label per pallet. Un-palletized, loose, or sealed containers shall be individually identified and labeled.

a. For property in administrative custody, the Contractor shall label containers with a container number. The numbering schema to be used for labeling containers shall include both storage facility number and box number. Contractor shall provide required storage space (sealed, locked containers) for storage of seized property by seizing agents. In these cases, the seizing agent will retain the key to the container and the Contractor shall maintain administrative custody only.

g) The contractor shall keep an up-to-date electronic tracking system of all personal property in its possession. This system shall be able to identify exactly where a particular piece of property is located within the storage facility. The COR shall be given access to the contractor’s computer tracking system or provided reports of the inventory as requested. Any damage to sub-contractor property is the responsibility of the contractor while in the contractor’s possession.

h) Climate-controlled items – As required, the Contractor shall furnish facilities with the capabilities to store seized property requiring climate-controlled storage safely and securely (e.g., food products, pharmaceutical products, tobacco products and other property).

a. Contractor shall ensure the proper storage of items that must be cooled, refrigerated, or kept at specific humidity levels. The Contractor shall perform necessary inspection and maintenance on items such as perishables in order to preserve them in the overall condition as at the time of acceptance.

b. When climate-controlled items are received, the Contractor shall follow any designated special handling instructions to ensure proper storage of the items and to prevent deterioration or spoilage.

i) Hazardous Items - When property is received that is identified by state or Federal regulation as hazardous, the Contractor shall store this material in accordance with Federal, state, and local laws, codes, ordinances, and regulations that apply to environmental quality standards in each community where seized property is maintained or destroyed. The Contractor shall also follow manufacturer’s guidelines and professional recommendations for control of humidity and temperature, cleanliness, and handling of hazardous materials.

a. Hazardous wastes which may be stored under this Contract include:

i. Listed Wastes: Wastes that the Environmental Protection Agency (EPA) has determined are hazardous. The lists include the F-list (wastes from common manufacturing and industrial processes), K-list (wastes from specific industries), and P- and U-lists (wastes from commercial chemical products).

ii. Characteristic Wastes: Wastes that do not meet any of the listings above but that exhibit ignitability, corrosivity, reactivity, or toxicity.

iii. Waste Identification Process: Details about the process for identifying, characterizing, listing, and delisting hazardous wastes.

b. Contractor shall utilize a storage location that is COR approved for storage of HAZMAT and shall not store materials with dissimilar properties in the same area. The Resource Conservation and Recovery Act (RCRA) hazardous waste permitting program helps ensure the safe treatment, storage, and disposal of hazardous wastes by establishing specific requirements that must be followed by the contractor when managing those wastes. The Contractor shall comply with the Federal, state, and local environmental programs and acquisition, storage, and handling requirements and procedures for the states in which services requiring environmental compliance under this Contract are provided, including such areas as solid waste, hazardous materials, hazardous waste, recycling, air quality compliance/reporting, and spill reporting/cleanup.

c. The contractor shall ensure it obtains and maintains permits. Permits for the treatment, storage, or disposal of hazardous wastes are issued by Authorized States or by EPA Regional Offices. 40 Code of Federal Regulations (CFR) Parts 260-265 and 266-270 contain regulations related to RCRA Permitting. Specifically, parts 264 and 270 specify what a permit must contain. The Contractor shall include waste disposal numbers (EPA ID numbers) as required by the EPA. The contractor shall present the permits upon COR request

d. If the Contractor spills or releases any substance contained in 40 CFR 302 into the environment, the Contractor shall immediately report the incident to the local fire department and the COR. The Contractor shall comply with the Federal, state, and local environmental programs for the remediation actions for spills for the states in which services under this Contract are provided. The liability for the clean-up of spill or release of such substances rests solely with the Contractor.

j) Manipulation of storage items - When directed by the COR through a TDO, the Contractor shall provide assistance to the seizing agency for the purpose of general property manipulation. The Government will be responsible for the actual manipulation of general property. Contractor shall de-shelve and place in a work area the requested pallets/containers for manipulation or inspection by Government personnel. Such inspections may include photography, inventory, sampling, and audit. The Contractor shall re-package, re-shelve, and re-secure all remaining items under direct on-site Government observation.

k) Movement of Property Between Storage Facilities - Contractor shall not move any property outside its storage facility without prior written approval of the COR. Contractor shall provide an updated agency chain of custody form and/or related forms to the COR showing the new location of the property within one calendar day of the relocation.

DISPOSAL (Time & Material)

a) The COR shall determine the methods for disposal for all FDA property. The contractor shall receive written instructions for the disposal of all property through a TDO. Upon COR approval of the TDO, the contractor shall execute to include the following:

a. Sale (Online Auction by Contractor or Sealed Bid)

b. Destruction

c. Release to Lien Holder, Claimant, or Owner

b) The Contractor shall maintain accurate records of all dispositions. Within 30 days of the disposition of property, the Contractor shall e-mail a copy of the completed disposition order to the COR.

c) Disposal via Sale (Online Auction by Contractor & Sealed Bid)- The Contractor shall provide the following:

a. Property stored under this contract that the U.S. Government deems appropriate for public purchase may be disposed via sale. The COR will determine the preferred sales method for all FDA property. The contractor shall provide the ability to perform all sales options as listed within the SOW. Property in storage requiring sale may include, but is not limited to, machinery and storage equipment.

b. Contractor shall operate and maintain a secure public website for the advertisement of FDA property.

c. Contractor shall provide a marketing plan upon request of COR. The marketing plan shall address market research, advertising (sample), proposed sales campaign, security for viewing periods through sale, etc.

d. Disposal Reporting: The Contractor provide to the COR, via electronic means, a Revenue Detail Sale report no later than ten business days after each sale.

e. Online Auction by Contractor

i. Advertising for Online Auction by Contractor

· Contractor shall advertise for all online auctions on the contractor’s operated website. Contractor can advertise in any public online platforms to increase customer base awareness of the sale at their own expense. If the COR deems appropriate to order any other specialty advertising, it will be ordered through the issuance of a TDO.

· The contractor's Internet website will clearly state that the contractor is conducting sales of property on behalf of the FDA.

· The website shall clearly state where the property is located for purposes of public viewing purposes.

· Contractor shall send COR the link to its website for posting of advertisement on the FDA and Department of Justice websites.

ii. Viewing Period for Online Auction by Contractor

· The contractor, prior to viewing day, shall prepare the property for sale to maximize potential sales value.

· The contractor is required to allow the public to view and access the property prior to the day of auction. The viewing day shall be for an 8-hour period, and the viewing shall be on the day prior to sale. Contractor can hold additional viewing days. Any deviation from the minimum viewing period must be approved in advance by the COR.

· Adequate security during the viewing day shall be the responsibility of the contractor. Contractor shall provide a knowledgeable representative who can provide the public with information related to the property as determined by the COR. Contractor is ultimately responsible during this timeframe and shall ensure the viewing period and representative maintains the utmost professionalism as they represent FDA.

· The viewing area shall be segregated from the remainder of the storage facility by a barrier to prevent unauthorized access to the non-forfeited property if applicable. Viewing area shall be orderly, clean, and free of potential hazards. If the viewing period is to be held outside, contractor shall make arrangements in case of weather to provide an alternate viewing space.

iii. Online Auction by Contractor

· Auctions will be held at the COR’s discretion.

· Online auctions must be open to the public, through an Internet website with applicable security measures to protect against hacking. The contractor shall disclose on its website its backup plan for receiving bids shall its website become unavailable.

· Dealer only auctions are prohibited.

· The contractor shall conduct all sales in accordance with all applicable State, Federal, and Local laws, regulations, and ordinances.

· The contractor shall post the Sales Terms and Conditions for FDA auctions and FDA Forfeited Property Sales Certification on its website.

· Contractor shall affix a Buyer’s Guide form to each property to be sold at auction and check off “AS IS – NO WARRANTY”.

· Under no circumstances will public bidders be charged a PFAF Processing Fee, Admission Fee, a sales list, or any other charges or fees, other than the bid price tendered by the winning bidder. Unless authorized in advance by the COR with written approval from the FDA Asset Forfeiture Division, public bidders will not be charged a Buyer’s Premium Fee. If a Buyer’s Premium Fee is approved, then no commission shall be billed for those property.

· If a minimum bid is required, the COR will notify the contractor, in writing, prior to the online auction start day. Contractor shall strive to meet and exceed all minimum bid requests. If a bid is less than minimum bid, the contractor shall seek COR approval prior to the final acceptance of the bid.

· The contractor’s internet website must allow for bids to be placed on an online platform with the ability to see bidding action with the Government’s preference being that the contractor’s internet website shall be similar to popular online sales websites (such as eBay, CarGurus, etc.) and shall offer industry standard online bidding features (ex: ability to see all bids received, automatic bid escalation selections, etc.).

· The contractor shall post photographs of each item online, multiple photographs where detail in the item warrants. A full description of the item shall also be posted.

· An FDA representative will be available via phone/email to approve/disapprove bids.

· The contractor shall provide instructions on their website detailing their process for winning bidders to pick up the property from their storage/auction location.

· The contractor shall determine, with COR approval, the best method of bid deposit collection. If deposit is not collected at registration, contractor must provide free storage if the property is sold, but the sale is not finalized. Forfeited bid deposits shall be given to the FDA.

· The FDA reserves the right to remove any property from the auction at any time prior to sale.

· The contractor shall issue a receipt to the purchaser(s) for money received, which will indicate the purchaser's name, property selling price, and a description of the property

· The contractor shall receive and be responsible for all money collected during the auction. The FDA will not be responsible for money that is lost, stolen, received in error, or misapplied while in the hands of the contractor.

· The contractor shall provide the COR an auction results report that identifies the property ID, purchaser’s name and purchase price. This report shall be sent via email to the FDA within five (5) business days of the auction.

· The contractor shall submit gross sales proceeds and sales documents to the COR within five (5) business days of the auction via certified check, cashier’s check, money order or Electronic Funds Transfer (EFT). All gross sales proceeds are property of the FDA and shall not be used by the contractor.

· The contractor shall not charge the FDA any sales fees, commissions, etc., for property which is not sold.

· The FDA will cease paying storage expenses beginning on the day after the sale.

· Simulcast auctions if conducted in conjunction with a live auction are not considered an online auction.

f. Sealed Bid Sale

i. Upon the order for disposal, the contractor shall:

· Coordinate with the COR regarding designated viewing period(s) as provided in the COR approved TDO.

· The contractor shall create a bid invitation that shall include the following:

· Viewing date/time

· Bid closing date/time

· Minimum acceptable bid (Determined by COR)

· Bid Deposit (Determined by COR)

· Mailing address

· Sales Terms and Conditions

· Statement that all forfeited property is sold “AS IS, WHERE IS”

· Payment process

· Name, address, telephone number, and signature of purchaser

· Bid amount

ii. Contractor shall open all sealed bids publicly and announce the apparent highest bidder.

iii. The contractor shall video and audio record all bid openings and shall provide recordings to the COR upon request. All recordings shall be turned over to the COR at the conclusion of contract.

iv. Auctions will be held at the COR’s discretion.

v. The sealed bid sale must be marketed and made available to the general public. Dealer only sealed bid solicitations are prohibited.

vi. The contractor shall conduct all sales in accordance with all applicable Federal, State, and Local laws, regulations, and ordinances.

vii. The contractor's Internet website will clearly state that the contractor is conducting the sealed bid sale on behalf of the FDA.

viii. The contractor shall post photographs of each item online, multiple photographs where detail in the item warrants. A full description of the item shall also be posted.

ix. An FDA representative will be available via phone/email to approve/disapprove bids.

x. The contractor shall provide instructions on their website detailing the process for winning bidders to pick up the property from their storage/auction location.

xi. Under no circumstances will public bidders be charged a PFA Processing Fee, Admission Fee, or any other charges or fees, other than the bid price tendered by the winning bidder. Unless authorized in advance by the COR with written approval from FDA Headquarters, the public bidders will not be charged a Buyer’s Premium Fee. If a Buyer’s Premium Fee is approved by AFSPD then no commission shall be billed for those property.

xii. If a minimum bid is required, the COR will notify the contractor, in writing.

xiii. Contractor shall affix a Buyer’s Guide form to each property to be sold and check off “AS IS – NO WARRANTY”.

xiv. The contractor shall determine, with COR approval, the best method of bid deposit collection. If deposit is not collected at registration, contractor must provide free storage if property is sold, but the sale is not finalized. Forfeited bid deposits shall be given to the FDA.

xv. FDA reserves the right to remove any property from sale at any time prior to the sale.

xvi. The contractor shall provide the COR an auction results report that identifies the property ID, purchaser’s name and purchase price. This report shall be sent via email to the FDA within five (5) business days of the auction.

xvii. Upon disposal the contractor shall execute the TDO

xviii. The contractor shall issue a receipt to the purchaser(s) for money received, which will indicate the purchaser's name, property selling price, and a description of the property including the VIN.

xix. The contractor shall receive and be responsible for all money collected. The FDA will not be responsible for money that is lost, stolen, received in error, or misapplied while in the hands of the contractor.

xx. The contractor shall submit gross sales proceeds and sales documents to the COR within five (5) business days of the auction via certified check, cashier’s check, money order or Electronic Funds Transfer (EFT). All gross sales proceeds are property of the FDA and shall not be used by the contractor.

xxi. The contractor shall not charge the FDA any sales fees, commissions, etc., for property which is not sold.

xxii. FDA will cease paying storage expenses beginning on the day after the sale.

xxiii. The contractor will not provide purchaser/winning bid information to any persons, corporations, or government entities except FDA.

xxiv. Advertising for Sealed Bid Auction

· Contractor shall advertise all sealed bid sales on the contractor’s operated website. The contractor's Internet can advertise in any other platforms to increase customer base awareness of the sale at its own expense. If the COR deems appropriate to order any other specialty advertising, it will be ordered through the issuance of a TDO.

· Contractor’s website shall clearly state that the contractor is conducting sales of property on behalf of the FDA.

· The website shall clearly state where the property is located for purposes of public viewing

· Contractor shall send COR the link to their website for posting of advertisement on the FDA and Department of Justice websites.

xxv. Viewing Period for Sealed Bid Auction

· The contractor, prior to viewing day, shall prepare the property for sale to maximize potential sales value (this includes washing, cleaning the property, and remove all documents and paperwork from inside the property, as well as ensuring the facility is clean, orderly, and ready for public view).

· The contractor is required to allow the public to view and access the property prior to the day of auction. The viewing day shall be for an 8-hour period, and the viewing shall be on the day prior to sale. Contractor can hold additional viewing days. Any deviation from the minimum viewing period must be approved in advance by the COR.

· Adequate security during the viewing day shall be the responsibility of the contractor. Contractor shall provide a knowledgeable representative who can provide the public with information related to the property and can start the property as determined by the COR. Contractor is ultimately responsible and acts as a representative of FDA.

· The viewing area shall be segregated from the remainder of the storage facility by a barrier to prevent unauthorized access to the non-forfeited property. The viewing area shall be orderly, clean, and free of potential hazards. If the viewing period is to be held outside, contractor shall make arrangements in case of weather to provide an alternate viewing space.

· Property offered for sale shall be unlocked for inspection. If there is a specialty or high valued property in the offering and there are potential security concerns, it is the COR’s responsibility to discuss logistics with the contractor in advance of the viewing period.

d) Destruction

a. Contractor shall be required to dispose of property via destruction, as directed by the COR through a TDO.

b. The contractor shall conduct all scheduled destructions in accordance with all applicable Federal, State, and Local laws, regulations, and ordinances.

c. A destruction plan must be submitted by the contractor in response to the TDO and approved by COR prior to destruction being accomplished.

d. This action shall be completed within thirty (30) calendar days of the COR approved TDO and contractor is responsible for making arrangements.

e. An FDA representative will attend destruction in person if possible.

f. The event must be witnessed by the contractor.

g. Upon disposal via destruction, the contractor shall execute the Certificate of Destruction and provide it to the COR or COR designated representative within 30 days of destruction.

e) Release to Lien Holder, Claimant or Owner: The Contractor may be instructed to release property to a third party as COR approved in a TDO.

f) Remittance

a. Contractor shall remit property to the party designated by the COR within ten business days of receipt of a TDO. If items are not picked up by the designated party within that time period, the Contractor shall notify the COR for further instructions. The COR will provide follow-up disposition instructions and a request for a revised TDO. The Contractor shall:

i. Prepare the property for release if needed or according to TDO.

ii. Verify identity of person receiving property as that on the disposition order and have all persons sign access control log. Ensure that payments are accompanied by adequate identification, such as a valid driver's license or valid passport, and record the driver's license or passport number on the receipted copy of the disposition order and on the back of the monetary instrument provided.

iii. Obtain signature of recipient on the original chain of custody document and return the original chain of custody document to the COR.

g) Retention to Seizing Agency (FDA OCI)

a. Contractor shall release property to the agency organization designated on the signed disposition order within five business days of receipt of the TDO. If items are not picked up within that time period, the Contractor shall notify the COR for further instructions. The COR will provide follow-up disposition instructions within 7 days. The Contractor shall obtain the signature of the official from the organization receiving the property on the disposition order. The original chain of custody document shall be returned to the COR.

b. Contractor, on request, shall arrange for packing, crating, and shipment of property designated for official use.

h) Transfer to Other Federal, State, or Local Agencies or Charitable Organizations

a. Contractor shall release property to other Federal, State, or local agencies or charitable organizations designated in writing by the COR within ten business days of receipt of the TDO. If items are not picked up by the designated recipient within that time period, the Contractor shall notify the COR for further instructions. The COR will provide follow-up disposition instructions.

b. On request, the Contractor shall arrange for packing, crating, and shipment of property designated for official use. Transportation and packing costs shall be paid by the receiving Federal, state, or local agency, unless otherwise directed by the COR.

c. Packing and Preparation for Shipment or Transportation - Contractor shall pack and prepare seized and forfeited property for shipment to disposition locations in accordance with applicable regulations. The Contractor shall be provided a copy of the disposition order which includes a list of the material and quantity to be packed, the location of the material, and the “deliver to” address of the final disposition endpoint. The Contractor shall: pack, weigh, label, and stage property for shipment as directed by the COR approved TDO; mark packages with weight, dimensions, and delivery address; prepare manifests identifying the property packed in each container; notify the COR when the property is packed, labeled, and ready for shipment; and affect the movement by carrier as approved in TDO by the COR.

TRANSITION OUT PLAN (option)

a) Prior to the completion of the contract, the Contractor shall develop a comprehensive, systematic Transition-Out Plan for an orderly transition of all operational and financial aspects of this Contract. The Contractor’s phase-out plan shall not disrupt or adversely impact the day-to-day conduct of Government business.

The Transition Out Plan shall describe how the Contractor intends to facilitate the accomplishment of a seamless transition at the expiration of the contract including:

a. Turn-over of work-in-progress and Government property.

b. Reconciliation of all work-in progress.

c. Data and information transfer, including providing a physical inventory of seized and forfeited property, verified with current inventory records.

d. Other actions required to ensure continuity of operations.

CONSTRAINTS

a) Contractor shall furnish fully trained and qualified managerial, supervisory, technical, administrative, clerical, and direct labor personnel, sufficient in number and qualifications to accomplish all work.

b) As determined by state and municipalities, all Contractor personnel (i.e., the Contractor’s direct employees, subcontracted employees, or vendor employees) shall obtain and maintain in good standing all certifications and licenses necessary or appropriate to perform work contained in this SOW that is assigned to them. Examples of certifications include appropriate Commercial Driver’s License endorsements, State-mandated Hazardous Materials (HAZMAT) Handling and/or Storage Certificates, and Forklift and other Material Handling Equipment Safety Training Certificates.

c) Contractor shall provide employees with the training, skills, experience, and knowledge to perform the services in this Contract in accordance with the specified performance standards. Training of personnel to perform Contract requirements shall be the responsibility of the Contractor.

d) Contractor shall ensure that all work meets all local, state, and national specifications as it relates to evidence storage, transport, and disposal.

e) Contractor shall strictly control access to property stored under this Contract, to include providing access only to authorized Contractor representatives, pre-designated agency personnel, and those individuals listed on a written authorization stating reason for visit or a disposition order signed by an approved agency official. The Contractor shall not access properties and containers to which it only has administrative custody. The Contractor shall ensure that subcontractors and vendors require the same access procedures.

f) Contractor and its subcontractors and/or vendors shall at no time use transportation, storage, or disposal information of any seized evidence for unauthorized reasons under this contract or disclose such information and data to unauthorized personnel. This includes data included on forms submitted to the Contractor including, but not limited to, agent names and telephone numbers and property locations.

g) Contractor shall comply with Federal, Occupational Safety and Health Administration (OSHA), state, and local safety regulations and standards.

h) Contractor and all subcontractors shall maintain security of seizure-related information, both in hard copy and electronic format.